MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-accused has preferred this appeal aggrieved by the impugned common judgment of conviction and order of sentence dated 28.05.2012 passed in S.C.Nos.17 and 18 of 2010 on the file of the learned I Additional District and Sessions Judge, Dharwad, sitting at Hubli, (for short referred to as 'the trial Court') convicting him for the offences punishable under Sections 323, 324, 354 and 504 of IPC while acquitting him for the offence punishable under Section 376 of I.P.C.

(2.) Heard the learned counsel Sri.K.L.Patil for the appellant and the learned AGA- Sri.Vinayak Kulkarni for the respondent-State.

(3.) Brief facts of the case as made out by the prosecution are that on 25.10.2005, PW2-victim along with her husband-PW3 was working in their field till 2.00 p.m. Thereafter, PW3 returned to his house but the victim continued to work in the field. At about 5.00 p.m. the accused who was working in the neighbouring land came to the field where the victim was working, dragged her by holding her hand and hugged her. When the victim tried to raise hue and cry, he criminally intimated her and assaulted with a stone on her face and also outraged her modesty by gagging her mouth. On hearing the noise, PW5 came to the spot and on seeing him, accused ran away from the scene of occurrence. PW5 took the victim to her house, who in turn narrated the incident to her husband and subsequently, she lodged first information as per Ex.P2.